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(1)Subject [F2to subsection (3) and] to section 174 below, a person convicted of a corrupt practice—
(a)shall for the period of five years beginning with the date of his conviction, be incapable of holding any public or judicial office in Scotland, and
(b)if already holding such an office, shall vacate it as from that date.
(2)Subsection (1) above applies in addition to—
(a)any incapacity or other requirement applying to the person by virtue of section 173 above, and
(b)any punishment imposed on him under section 168 above.
[F3(3)Subsection (1) above, in its application to a person convicted of a corrupt practice under section 62A above, has effect as if the references in it to public office did not include references to the office of councillor for a local government area in Scotland.]]
Textual Amendments
F1Ss. 173, 173A substituted for s. 173 (16.2.2001) by 2000 c. 41, s. 136; S.I. 2001/222, art. 2, Sch. 1 Pt. I (with Sch. 1 Pt. 2 para. 6)
F2Words in s. 173A(1) inserted (11.9.2006) by Electoral Administration Act 2006 (c. 22), ss. 74(1), 77, Sch. 1 para. 123(2); S.I. 2006/1972, art. 3, Sch. 1 paras. 24, 25(d) (subject to transitional provisions in art. 4, Sch. 2)
F3S. 173A(3) inserted (11.9.2006) by Electoral Administration Act 2006 (c. 22), ss. 74(1), 77, Sch. 1 para. 123(3); S.I. 2006/1972, art. 3, Sch. 1 paras. 24, 25(d) (subject to transitional provisions in art. 4, Sch. 2)
Modifications etc. (not altering text)
C1S. 173A applied (with modifications) (21.11.2002 except for specified purposes) by The Scottish Parliament (Elections etc.) Order 2002 (S.I. 2002/2779), arts. 1, 81, Sch. 6 Pts. I, II (which S.I. was revoked (15.3.2007) by S.I. 2007/937, art. 2(a))
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